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Newport News detective charged in case of road rage

2a4all

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Apparently, hand gestures were (also) involved. Perhaps we should refer this guy to User?:uhoh:

"On Monday, a Newport News police detective was charged in a case of road rage that a driver reported earlier in September, according to a police news release.


Police served Michael D. Poole, 58, with criminal summonses for two misdemeanor counts of brandishing a firearm, according to a Newport News police news release."

http://www.dailypress.com/news/brea...d-rage-0925,0,974131.story#tugs_story_display

The media are all over this.

http://www.wavy.com/

http://www.wvec.com/my-city/nnews/D...-investigation-in-Newport-News-171199741.html

http://wtkr.com/2012/09/25/newport-news-detective-charged-in-road-rage-incident/
 
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Grapeshot

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Only the last two links lead to this story.

It is good that the incident is being looked into. We should all be equal under the eyes of the law.
 

skidmark

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Only the last two links lead to this story.

It is good that the incident is being looked into. We should all be equal under the eyes of the law.

All the links worked for me. Second one (WAVY) had the story moved down into a box with other news not of the moment. but not hard to find.

For some reason I want to follow this just to find out if Poole actually put his hand on, let alone drew, his handgun.

stay safe.
 

Grapeshot

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Nothing like a little brandishing by a public official... oh wait, they only displayed the weapon, so not brandishing :question:

§ 18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.
A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-282
 

2a4all

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All the links worked for me. Second one (WAVY) had the story moved down into a box with other news not of the moment. but not hard to find.

For some reason I want to follow this just to find out if Poole actually put his hand on, let alone drew, his handgun.

stay safe.
The case is docketed for 10/1/2012 in NN General District Court (Case # GC12009350-00).
 

peter nap

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If he brandished, it was likely brandished using one of his hands.

Or pulled his jacket back or had no jacket and turned his strong side to him or just rested his hand on it ...etc.

Virginia's brandishing law is extremely vague, many people have been charged who didn't even have a gun and more still, for just wearing one.

It's the most abused firearm law we have.

There is a part of that story that doesn't sound right "Pop a cap in me"....
 

Grapeshot

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Or pulled his jacket back or had no jacket and turned his strong side to him or just rested his hand on it ...etc.

Virginia's brandishing law is extremely vague, many people have been charged who didn't even have a gun and more still, for just wearing one.

It's the most abused firearm law we have.

There is a part of that story that doesn't sound right "Pop a cap in me"....

As an esteemed member here has alluded, "The definition of brandishing is brandishing."

The quote "Pop a cap in me" sounds more like a slang remark for a member of a certain social economic group that generally does not include detectives with years of service. jus' sayin'
 

davidmcbeth

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Only the last two links lead to this story.

It is good that the incident is being looked into. We should all be equal under the eyes of the law.

And the Det. works in the "Intelligence" section. What a hoot!

Ever been with a cop whose driving and then he gets a ticket from another cop .... talk about road rage!

Want to know what brandishing is ? See link below:

http://www.jud.ct.gov/ji/criminal/part8/8.2-18.htm

(at least in my state but it sounds like it may be universal - this one is for a fake gun but the principle is the same)
 
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skidmark

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Want to know what brandishing is ? See link below:
....

Ah, yes. Someone from somewhere else who does not bother to look up the law in the place where the discussed action took place.

About as helpful as <insert favorite appropriate phrase>.

As others have noted, it is all in the details.

stay safe.
 

Grapeshot

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§ 18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.
A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-282

--snip--

Want to know what brandishing is ? See link below:

http://www.jud.ct.gov/ji/criminal/part8/8.2-18.htm

(at least in my state but it sounds like it may be universal - this one is for a fake gun but the principle is the same)

There is no "universal."

The brief quote above from the Code of Virginia was previously provided together with a link.
 

peter nap

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...
10890401-santa-is-pointing-his-finger-at-an-object-above-him.jpg
 

Fuller Malarkey

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It appears these charges were brought following a police investigation.

WAVY.com wanted to know why it took three weeks for police to release information about this case. Thurston said, "It was the criminal investigation that took awhile. The police needed to get everything together including the victim's statements."

It appears the charges were filed following a police investigation, which might indicate some validity to the claims.

"According to the victim, Poole displayed a handgun before driving away. Thurston says the handgun was not issued by the police department."

How would a citizen know a plain clothes detective in an unmarked vehicle had a firearm unless they saw it? The investigation, it seems, revealed the officer possessed an unauthorized weapon.

I believe I may of done the same exact thing if someone threatened me in this manner....followed at a safe enough distance to get a vehicle description and tag # and call it in.

It appears these charges may have more basis than two eye witnesses/victims.
 

davidmcbeth

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The investigation, it seems, revealed the officer possessed an unauthorized weapon.
.

Odd, in my examination of a police chief under oath he stated that cops can use non-city issued guns - there was no policy preventing it.

Some cities may require a gun to be actually "authorized" for use by the city.

Different towns, different policies.

Very surprised anything actually came out of this .. if found guilty, he'll lose his gun rights ? Bummer.
 

davidmcbeth

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There is no "universal."

The brief quote above from the Code of Virginia was previously provided together with a link.

Kudos ... missed that line of the thread. Seems to be the same though.

I like the jury instructions - more clear than just a statue IMO .. less legalese

I'm gonna burn some santa claus coal soon ... so I liked that pic :)
 

peter nap

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Odd, in my examination of a police chief under oath he stated that cops can use non-city issued guns - there was no policy preventing it.

Some cities may require a gun to be actually "authorized" for use by the city.

Different towns, different policies.

Very surprised anything actually came out of this .. if found guilty, he'll lose his gun rights ? Bummer.

It's a misdemeanor. He won't lose his gun rights but if he's guilty he should and may lose his jobs.
 

2a4all

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I don't see how if he was off duty and not in uniform it could be "unauthorized" in VA. He didn't check his 2A rights at the door when he became a LEO and § 15.1-29.15 would still apply.
The account given by WAVY-TV reports that Det Poole was actually "On the clock".

I haven't seen anything that indicates that he identified himself as a LEO to the individuals he confronted.

Following an armed individual who has threatened you is an extremely risky endeavor. These two guys should be commended.
 
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